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2025 DAILYLAW 19427 (ALL)

LALTA PRASAD AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS

NA528/5853/2025 · 2025-02-23

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:26448 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 5853 of 2025 Applicant :- Lalta Prasad And 3 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Kumar Kashyap Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Ajay Kumar Kashyap, learned counsel for the applicants, who are four in number and Shri Moti Lal, learned A.G.A. who appears on behalf of the State-respondent. 2. This application under Section 528 BNSS has been filed with a prayer for quashing the charge sheet dated 03.08.2024 including cognizance order dated 03.09.2024 as well as entire proceedings of Case No. 265 of 2024 (State Versus Satyapal and others) arising out of case crime no. 212 of 2024 Under Section 363 I.P.C. and Section 3(2)(VA) of S.C./S.T. Act and Section 17 of POCSO Act, Police Station-Hafizganj, District-Bareilly. 4. Learned counsel for the applicants submits that he confines his prayer to consideration of the bail and till the applicants surrender and obtain bail, interim protection be accorded. He also invites attention of the Court towards an Application under Section 482 No. 43084 of 2024, Smt. Hema Devi Alias Khema Devi and another vs. State of U.P. and 3 others, wherein following orders were passed on 16.12.2024: "1. Heard learned counsel for the applicants as well as learned A.G.A. and perused the record. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the entire proceedings in Case No.265 of 2024 (State vs. Satyapal & Others) arising out of Case Crime No.212 of 2024 under Section 363 I.P.C., Section 3(2)(va) S.C./S.T. Act and Section 17 POCSO Act, Police Station Hafizganj, District Bareilly. . 3. After due deliberations at length, learned counsel for the applicants has chosen not to press the instant application on merits, however, he has submitted that the applicants are ready and willing to cooperate with the court below and participate in the court proceedings provided some interim protection may be granted to them. It is next submitted that the present applicants have never intended to ignore the court proceedings. 4. Learned A.G.A. has no objection if protection is granted to the present applicants to enable them to appear before the court below. 5. In this conspectus, as above, no useful purpose would be served to keep the instant application pending, therefore, the same is being decided finally without entering into the merits of the case with a direction that in case the present applicants appear/surrender and move bail application before the court below within a period of three weeks from today along with a certified copy of this order, the same shall be considered and decided by the court concerned having considered the dictum of Hon'ble Supreme Court in accordance with law, expeditious, preferably within a period of three weeks thereafter. 6. For a period of six weeks or till the decision on the bail application, whichever is earlier, no coercive action shall be taken against the present applicants. 7. With the aforesaid observation/direction, instant application is finally disposed of. " 4. Learned A.G.A. submits that he has no objection to the same. 5. In view of the above, the application stands disposed of in the same terms as of the aforesaid order dated 16.12.2024 passed in Application under Section 482 No. 43084 of 2024 with a further direction that in case, present applicants appear/surrender and move bail application before the court below within a period of three weeks from today along with certified copy of this order then the same shall be decided by the concerned court within a period of six weeks or till decision on the bail application whichever is earlier. No coercive action shall be taken against the present applicants. Order Date :- 24.2.2025 K.K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad